[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3029]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 93-2]

 

Chester R. Barnes, M.D.; Revocation of Registration

    On September 9, 1992, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Chester R. Barnes, M.D., 1625 East Fourth 
Street, Los Angeles, California 90033. The Order to Show Cause sought 
to revoke Dr. Barnes' (Respondent) DEA Certificate of Registration, 
AB0289492, and deny any pending applications for registration as a 
practitioner. The Order to Show Cause alleged that revocation of 
Respondent's DEA Certificate of Registration was proper pursuant to 21 
U.S.C. 824(a)(2) based on Respondent's felony conviction for illegal 
distribution of controlled substances in violation of 21 U.S.C. 
841(a)(1).
    On October 21, 1992, counsel for Respondent requested a hearing and 
the matter was placed on the docket of Administrative Law Judge Mary 
Ellen Bittner. Prehearing statements were filed by counsel for the 
Government and counsel for Respondent. By Order dated March 26, 1993, 
the administrative law judge scheduled a telephone conference call for 
April 6, 1993. When the conference call was placed, counsel for 
Respondent was not available. On April 7, 1993, the administrative law 
judge issued another order rescheduling the conference call for April 
19, 1993. When the conference call was attempted on that date, counsel 
for Respondent again failed to be present. On April 21, 1993, counsel 
for the Government notified the administrative law judge that attempts 
to reach a settlement with Respondent's counsel had been unsuccessful. 
By Memorandum and Order dated May 17, 1993, the administrative law 
judge terminated the proceedings in this matter, stating that 
Respondent had waived his right to a hearing pursuant to 21 CFR 
1301.54(d). Pursuant to 21 CFR 1301.54(e) and 1301.57, the Acting 
Administrator hereby issues his final order in this matter based upon 
the investigative file.
    The Acting Administrator finds that on at least four occasions 
between July 12, 1990 and August 20, 1990, Respondent issued 
prescriptions for controlled substances to undercover agents for no 
legitimate medical purpose. In November 1990, a search warrant was 
served on Respondent's medical office and patient records were seized 
for review.
    At the request of a DEA Diversion Investigator, a doctor serving as 
a consultant to the Medical Board of California (Board) reviewed over a 
dozen of Respondent's patient files. The Board doctor concluded that in 
numerous cases Respondent had ordered controlled substances for his 
patients without conducting an adequate history and in the absence of 
any medical complaint on the part of the patient. The Board doctor also 
noted that in many instances no physical examination was conducted and 
the patients' files did not contain information indicating a necessity 
for the prescription of potent analgesics.
    On May 13, 1993, in the United States District Court, Central 
District of California, Respondent pled guilty to two felony counts of 
illegal distribution of Tylenol with codeine #3 and Tylenol with 
codeine #4, controlled subtances listed in Schedule III, in violation 
of 21 U.S.C. 841(a)(1). Respondent was convicted on these counts on May 
17, 1991. Respondent was placed on probation for a period of three 
years and ordered to pay a $5,000.00 fine.
    On July 12, 1993, Respondent signed a renewal application which was 
received by the DEA on July 27, 1993. In this application, Respondent 
answered ``no'' to the question inquiring as to whether he had ever 
been convicted of a crime in connection with controlled substances. By 
responding in the negative to this question, Respondent materially 
falsified his application. Pursuant to 21 U.S.C. 824(a)(1), such a 
falsification constitutes a separate ground upon which revocation of a 
registration may be based.
    In reviewing the investigative file, the Acting Administrator finds 
that Respondent has exhibited poor judgment in exercising his 
responsibilities which accompany a DEA Certificate of Registration. 
Further, by materially falsifying his renewal application, Respondent 
has exhibited a cavalier disregard for the law and a disturbing lock of 
candor. As a result, the Acting Administrator concludes that Respondent 
can no longer be entrusted with a DEA Certificate of Registration.
    Accordingly, the Acting Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b), hereby orders that Dr. Chester Barnes' 
DEA Certificate of Registration, AB0289492, be, and it hereby is, 
revoked, and further orders that Dr. Chester Barnes' renewal 
application dated July 12, 1993, be, and it hereby is, denied. This 
order is effective March 14, 1994.

    Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3029 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M